Kenya's New "FBI" Unit: What the Law Says About Unofficial Security Groups

Activist Patrick Osoi recently announced a new civilian group called “FBI.” This unit is allegedly made up of former police officers who now act as grassroots enforcers. 

While Osoi says the group will fight extrajudicial killings and police brutality, critics are sounding a loud alarm.

Calls for Action: "Reject Armed Activism"

The news quickly sparked outrage online.“We must reject armed activism in all forms and #ArrestPatrickOsoi before this powder keg explodes,”

posted @MzalendoHalisi_ on X (formerly Twitter). Many other users amplified the hashtag, calling for the government to step in quickly.

On X, the conversation exploded. Legal experts, civil society voices, and concerned citizens debated whether Osoi's group was a bold stand for justice or a reckless danger. Hashtags like #RejectArmedActivism began trending regionally.

Read More: Is "Shoot to Kill" Legal in Kenya? Unpacking the Constitution and Police Act

Many users warned that this "FBI" group risks undermining the government's authority and public safety.

The Legal Line: Association vs. Armed Groups

The controversy raises important questions: Where does Kenya’s Constitution draw the line between the right to form groups and creating unofficial armed units?

Under Article 36 of Kenya’s Constitution, everyone has the right to freedom of association. However, this right is not absolute. Groups that threaten public safety, national security, or encourage violence can be declared illegal.

Furthermore:

Section 22 of the Prevention of Organised Crimes Act bans the creation of private armed groups operating outside official state structures.

Kenya’s Private Security Regulation Act (2016) states that any private security firm must be registered through the PSRA. No individual can take on law enforcement powers without a licence. The Act specifically prohibits private entities from acting like the police or using uniforms or names that look like State security organisations.

Is It Protection or Power?

Osoi argues that his "FBI" is simply a bold form of community policing. 

However, critics worry about a dangerous trend. Kenya has a history of outlawed militias, such as Mungiki and Gaza Gang. These groups often started by claiming to offer community protection but later became violent. The fear is that history could easily repeat itself.